October 11, 2016

LMS Acupuncture, P.C. v Nationwide Ins. (2016 NY Slip Op 51537(U))

Headnote

The relevant facts of the case involved LMS Acupuncture, P.C. appealing an order from the Civil Court granting Nationwide Ins.'s motion for summary judgment, which dismissed the complaint. The issue decided was whether the action to recover assigned first-party no-fault benefits was premature due to the plaintiff's failure to provide requested verification. The holding of the case was that the order was reversed, and Nationwide Ins.'s motion for summary judgment dismissing the complaint was denied, in line with the decision in another case, Performance Plus Med., P.C. v Nationwide Ins., decided at the same time. The decision was made by Pesce, P.J., Aliotta, and Solomon, JJ. on October 11, 2016.

Reported in New York Official Reports at LMS Acupuncture, P.C. v Nationwide Ins. (2016 NY Slip Op 51537(U))

LMS Acupuncture, P.C. v Nationwide Ins. (2016 NY Slip Op 51537(U)) [*1]

LMS Acupuncture, P.C. v Nationwide Ins.

2016 NY Slip Op 51537(U) [53 Misc 3d 142(A)]

Decided on October 11, 2016

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 11, 2016

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-506 Q C

LMS Acupuncture, P.C., as Assignee of Martha Cajas, Appellant,
against
Nationwide Ins., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered February 11, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification.

For the reasons stated in Performance Plus Med., P.C., as Assignee of Melanna Luckie v Nationwide Ins. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2013-2766 Q C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: October 11, 2016